H1B Transfer and some other related questions

[ninja43]

Hi All,

I am currently on my second H1B with a Consulting company under EVC model. I am in the talks for a Software Engineering position with a new Employer who is willing to transfer my H1B Visa.

I have about 2 years and 8 months remaining on my second H1B. There are a few things that I need help with.

1. How long before I absolutely have to start my GC processing.

2. I haven't been to my home country in over 7 years (stupid, I know). Is that going to be a problem with H1B transfer, Visa stamping or POE since I am scheduled to visit my home country in 3 months time.

3. Are current pay stubs are required for H1B transfer? If yes, will the vacation days that I took off here and there for which I didn't get payed and are missing from the pay stub hours create a problem for me in Transfer or Stamping.

I have not broken any laws as far as I know, but I was just worried if the gap of 7 years can be ground of denial of Visa Stamping, H1B transfer or denial on POE.

Any help on this is greatly appreciated. Thank You all!

[raghvi]

Hi All,

I am currently on my second H1B with a Consulting company under EVC model. I am in the talks for a Software Engineering position with a new Employer who is willing to transfer my H1B Visa.

I have about 2 years and 8 months remaining on my second H1B. There are a few things that I need help with.

1. How long before I absolutely have to start my GC processing.

2. I haven't been to my home country in over 7 years (stupid, I know). Is that going to be a problem with H1B transfer, Visa stamping or POE since I am scheduled to visit my home country in 3 months time.

3. Are current pay stubs are required for H1B transfer? If yes, will the vacation days that I took off here and there for which I didn't get payed and are missing from the pay stub hours create a problem for me in Transfer or Stamping.

I have not broken any laws as far as I know, but I was just worried if the gap of 7 years can be ground of denial of Visa Stamping, H1B transfer or denial on POE.

Any help on this is greatly appreciated. Thank You all!

1. The earlier the better. I would not advise stretching beyond the time when 1.5 Years is remaining (that is within the next 1 Year).
2. 7 Years should not be the issue.
3. Doesnt your company have paid vacation? As long as your W2 income is higher than or equal to LCA it should be fine.

This is my opinion not legal advice.

[ninja43]

1. The earlier the better. I would not advise stretching beyond the time when 1.5 Years is remaining (that is within the next 1 Year).
2. 7 Years should not be the issue.
3. Doesnt your company have paid vacation? As long as your W2 income is higher than or equal to LCA it should be fine.

This is my opinion not legal advice.

Thanks for your reply.

Regarding 3, I am paid hourly by the current employer and I have taken a few sick days that are not paid. The employer doesn't have vacation time.(It sucks!)

So I have 77 out of 80 hours and 72 out of 80 hours on my last two payslips. Will that be a cause for concern while doing the H1B Transfer?

[arj]

Hi While applying for H1B transfer, I dont think lawyers ask for W2's upfront. They only asked for Paystub in my case.